Shivaji.Dasgupta wrote:As I was scanning through the net something caught my attention. some of the industries and banks in our country holds a good no of Weapons for their security purpose. Few of the Names i am able to trace...
1. Spice jet--approx 20 Shotguns.
2. SBI-- Approx 110 Shotguns and revolvers.
3. Tata Steel-- approx 100 mix of shotguns, rifles etc.
4. RIL-- 60 weapons approx.
5. Usha martin --- 20-25 weapons
can a private organization dealing with money or having threat apply for arms licence. ????
I saw a news that Kerala govt. announces that they will issue arms licence to the firms who want to have armed guards for their protection.
any one have any information in this matter.
regards..
Short answer - Yes organizations, companies, societies, trusts etc. can get arms license.
Long answer - In common law there are two kind of persons, natural persons(humans like citizens and non citizens) and juristic persons(artificial/ imaginary/ fictional persons like organizations, companies, societies, trusts etc.). Since equality before law is of paramount importance, subject to
intelligible differentia, both natural persons and fictional persons have equal rights.
Now let us examine the Section 13(3) of Arms Act 1959 that deals with issue of license for both natural and fictional persons. The relevant portion is extracted below for clarity and ease of understanding -
(3) The licensing authority shall grant-
(a) a licence under section 3 where the licence is required-
(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or
(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.
Section 13(3)(a) of Arms Act 1959 is for natural persons. Section 13(3)(a)(i) of Arms Act 1959 is for citizens only and Section 13(3)(a)(ii) of Arms Act 1959 is for both citizens and non citizens who are member of rifle clubs. In other words, Section 13(3)(a) of Arms Act 1959 means that if citizen or rifle club member is not offending Section 9 of Arms Act 1959, he must be issued license.
Section 13(3)(b) of Arms Act 1959 is for license to fictional persons under Sections 3 and 4 of Arms Act 1959 and commercial activity license for natural as well as fictional persons under Sections 5, 6, 10 and 12 of Arms Act 1959. Since fictional persons like organizations, companies, societies, trusts etc. are made up of natural persons(predominantly citizens) and the natural human right to keep and bear arms of natural persons is already being protected by Section 13(3)(a) of Arms Act 1959, that is why licensing authority has to be "satisfied" about "good reason" under Section 13(3)(b) of Arms Act 1959.
Shivaji.Dasgupta wrote:but as the employees can move out so the retainer name must be editable (i mean it can be change time to time)
Retainers are not owners, they just retain the weapon on behalf of the license holder. They can use the weapon only for the lawful purpose. Yes the name of retainer can be changed from time to time. If I am not wrong, the licensing authority puts or edits the name of retainer on license on the request of the license holder.